My Dearest Felow Zaadsters,
I have just read the
Terms and Privacy section of our Gaia community.
Under #11 (full text below), ownership of any creative content we Zaadsters have published on the site has been relinquished to Gaia for their use. Not only that, if we pull our content off the site, they will still retain a copy which they can use if they wish!!!
This includes all of your photos, blog entries, artwork, music, and poetry--any intellectual content you have posted. So it affects the community at large as well as the creative community.
I am asking creatives and supporters to join me in demanding that Gaia remove this clause by January 30th. Otherwise we will ban the site.
I joined this community in good faith. I wished to connect with other spiritually-minded people in community and potential friendship. I wished to grow my business by planting the seeds with the aware community, to support conscious businesses and help them grow.
This is a professional and personal violation. I have never before written a petition. I ask that those who feel strongly about the removal of #11 please post a comment stating your support. This is a means of collecting virtual signatures to let the owners of Gaia know that we will maintain the right to our creative content.
This is written in support of our community, with the intention of the realization of the greatest good for all involved.
Peace,
Sengmo
May all being be happy.
May they be free from suffering
11.
License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "
posting") any Content on or through our Websites or the Service, you hereby grant to Gaiam a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Websites, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at
copyright@gaiam.com to request the removal of certain Content you have posted, but Gaiam has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Gaiam's servers after the Content appears to have been removed from our Websites, and Gaiam retains the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Websites or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Websites or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Blog Update
January 26, 2008
I just realized that many people have read my blog, but not necessarily read through the long list of comments. Hence this update. I am happy to report that Gaia responded quickly through the voice of Sonia. The terms were reverted back to the original terms under Zaadz in less than 24 hours. They read:
“By submitting, displaying or publishing (“posting”) any Content on or through the Website, you hereby grant to Zaadz a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, reproduce, publish, display, store, transmit and distribute such Content on and through the Website.”
Sonia has explained that this is necessary in order to reproduce and compress files of our work within the Gaia website. Gaia has no intention on selling our creative work.
This I believe. However, I am still not content with the language.
Jordan said:
If there are specific reasons to write such encompassing Terms to be covered for particular reasons, why not just write for the particular reasons, and if at a later time a new and unforeseen reason arises then simply modify the Terms at that time.
This was my response:
I don't think that Gaia's intention is to take our artwork/music/words and use them for their own purposes, to sell them. What I hear is a very legalized language. Being specific about what Gaia will use our work for– talking about reuse within the site–makes sense to me. Maybe even mentioning what it will not be used for would set people's mind at ease.
However, the language that is used to describe how Gaia/Zaadz invites us to be on the site is one of the things that attracted me in the first place. "Be yourself…Don't be anybody else…show up as your deepest, truest, most authentic self, so that you can see and encourage that spirit in others…" This comes from the heart of those who created this community. I would love to see #11 written with this depth of feeling and trust in the process. Rather, #11 feels defensive and frightened.
Where this issue stands is that the language has been reverted to the old Zaadz language, and Gaia is looking into a re-write that might take some time due to dealing with lawyers. Sonia promised to post any updates on the Team blog. I have my fingers crossed, and hold my highest intentions for the Gaia community.